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December 2, 2021 update

October 2021 Board of Veterans' Appeals decisions are now available in BVA Decision Search results

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Page 2 of 113278 results — searched 1210546
Query: ("m21-1")
On appeal from the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUES 1. Entitlement to service connection for asbestos-related lung disease. 2. Entitlement to service
On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement to service connection for the cause of the Veteran's death. 2. Entitlement to service
and informed the Veteran of her and VA's respective responsibilities in obtaining such evidence. In addition, the Veteran was provided notice regarding asbestos exposure as required by M21-1, Part VI,
VA Manual M21-1 and are to be given the same force and effect as published in VA regulations. 38 C.F.R. § 3.21 (2009). Effective December 1, 2007, and December 1, 2008, the maximum annual rate of
in the veteran's possession that pertains to the claim. See 38 C.F.R. ง 3.159(b)(1).) With respect to the new and material evidence claims, in Kent v. Nicholson, 20 Vet. App. 1 (2006), the Court
On appeal from the Department of Veterans Affairs Regional Office in Manila, the Republic of the Philippines THE ISSUES 1. Entitlement to service connection for diabetes mellitus, type 2, to include
Law-M21-1 Provisions The central question of law in this case concerns the applicability of VA Fast Letter (FL)12-23 (Oct. 26, 2012), as now incorporated in the VBA Manual M21-1, Part V.iii.1.G.3.m. Room
On appeal from the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUES 1. Entitlement to service connection for gout, characterized by joint symptomatology in the feet,
On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania THE ISSUES 1. Whether new and material evidence has been received to reopen a claim for service
decision was not appealed, and became final. 3. The provision of the former VA Adjudication Procedure Manual cited by the Veteran (M21-1, Part VI, Para 3.09(b)) is an interpretive rule rather than a substantive
On appeal from the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUES 1. Entitlement to service connection for bilateral hearing loss. 2. Entitlement to service connection
latency and exposure information found at M21-1, Part III, par. 5.13(a) (M21-1, Part VI, par. 7.21(d)(1). The M21-1 provides the following non-exclusive list of asbestos related diseases/abnormalities:
On appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic
evidence not of record (1) that is necessary to substantiate the claim; (2) that VA will seek to provide; and (3) that the claimant is expected to provide. 38 C.F.R. ง 3.159(b)(1); Quartuccio v. Principi,
in mind the latency and exposure information found at M21-1, Part III, par. 5.13(a) (see M21-1, Part VI, par. 7.21(d)(1) (October 3, 1997)). In this regard, the M21-1 provides the following non-exclusive
since been included in VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (October 3, 1997) (hereinafter "M21-1"). Also, an opinion by the VA General Counsel discussed the development of asbestos
On appeal from the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement to service connection for a skin disorder, to include as due to herbicide (Agent Orange)
Management System ("VBMS"). Accordingly, any future consideration of this Veteran's case should take into consideration the existence of this electronic record. FINDINGS OF FACT 1. In a November 1971
with no dependents, in receipt of aid and attendance. 38 U.S.C.A. § 1541 (West 2014); 38 C.F.R. §§ 3.23, 3.273 (2016). See also, pertinent provisions of VA Adjudication Manual, M21-1. REASONS AND
for service connection for asbestos-related diseases can be found in Part IV of the M21-1. See, e.g., VBA Manual M21-1, IV.ii.1.I.3, IV.ii.2.C.2 (last accessed October 11, 2017). The M21-1 provides
On appeal from the Department of Veterans Affairs Regional Office in Muskogee, Oklahoma THE ISSUES 1. Entitlement to a disability rating for impairment of the sciatic nerve of the right lower extremity
On appeal from the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUES 1. Entitlement to a rating in excess of 10 percent for radiculopathy of the right lower extremity prior
by evidence of daily work duties, performance evaluation reports, or other credible evidence. See M21-1, IV.ii.1.H.5.b. For U.S. Army veterans who served at RTAFBs during the Vietnam era, the M21-1 provides
been incurred in service. 38 U.S.C.A. ง 1116(a)(1); 38 C.F.R. ง 3.307(a)(6). In addition, a veteran who during active military service between April 1, 1968, and August 31, 1971, served in a unit
relationship between that exposure and the claimed disease. VA ADJUDICATION PROCEDURE MANUAL M21-1, Part IV, Subpart ii, Chapter 2, Section C, para. 9 (December 13, 2005) (M-21). The Board notes that
17, 1975. His duties included coordinating and managing in-shop and flight-line repairs as well as being an assistant ground operator. VA's Adjudication Procedures Manual, M21-1, notes that the Compensation
exposure. As noted in the Department of Veterans Benefits, Veterans' Administration, DVB Circular 21-88-8, Asbestos-Related Diseases (May 11, 1988); VA Adjudication Procedure Manual, M21-1, part VI, paragraph
effective date prior to March 29, 1989, to the Board for re- adjudication in accordance with the Court's remand order. FINDINGS OF FACT 1. The veteran initially claimed entitlement to service connection
VBA's Adjudication Procedure Manual, M21-1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21-1, Part IV, paras. 8.44-8.45
verification should be requested from USASCRUR. Regarding the personal assault, the VA ADJUDICATION PROCEDURE MANUAL, M21-1 (MANUAL M21-1), Part III, 5.14c (Feb. 20, 1996) sets forth specific procedures
Citation Nr: 9931578 Decision Date: 11/08/99 Archive Date: 11/19/99 DOCKET NO. 98-03 912 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Denver, Colorado THE ISSUES 1. Entitlement
the provisions of Manual M21-1, regarding claims based on personal assault and the method of developing such cases are applicable to this case. According to Manual M21-1, VA has recognized that, because
appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina THE ISSUES 1. Whether new and material evidence has been submitted to reopen claims of service connection
evaluation for a condition of the "feet." These matters are likewise referred to the RO for appropriate consideration and any necessary action. FINDINGS OF FACT 1. In August 1995 the RO found that new and
Citation Nr: 9928273 Decision Date: 09/30/99 Archive Date: 10/12/99 DOCKET NO. 95-01 572 DATE ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUES 1. Entitlement
to March 1, 1999) (Court) has made it clear that the Board has a duty to address the new and material evidence issue regardless of the RO's actions. Barnett v. Brown, 8 Vet. App. 1, 4 (1995), aff'd, 83
In addition, VBA's Adjudication Procedure Manual, M21-1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21-1, Part IV, paras.
appeal from the Department of Veterans Affairs Regional Office in Oakland, California THE ISSUES 1. Entitlement to service connection for a seizure disorder for accrued benefits purposes. 2. Entitlement
should determine whether the RO complied with M21-1, Part III, 1.03(a) (Change 50) (Feb. 23, 1996) and M21-1, Part VI, 2.10(f) (Change 48) (Aug. 5, 1996). The provisions of M21-1 Part VI, 2.10(f) provide
issue involves medical causation or a medical diagnosis, competent medical evidence to the effect that the claim is plausible or possible is required. Murphy v. Derwinski, 1 Vet. App. 78, 81 (1990). A claimant
at 38 C.F.R. pt. 3); VA Adjudication Procedure Manual M21-1, Part III, paragraph 5.14c (Feb. 20, 1996); VA Adjudication Procedure Manual M21-1, Part III, paragraph 7.47c(2) (Oct. 11, 1995). REASONS AND
with M21-1, Part III, 1.03(a) (Change 50) (Feb. 23, 1996) and M21-1, Part VI, 2.10(f) (Change 48) (Aug. 5, 1996). The provisions of M21-1 Part VI, 2.10(f) provide that "the duty to assist will prevail while
That same month, the veteran replied and stated that he did not want an additional hearing. FINDINGS OF FACT 1. No competent medical evidence has bee presented to link diabetes mellitus, which was first
death must be denied. It has also been contended on the appellant's behalf that the Board should determine whether the RO complied with M21-1, Part I
Appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Boston, Massachusetts THE ISSUES 1. Entitlement to service connection for a psychiatric disorder. 2. Entitlement to service connection
the DVB Circular have since been included in VA Adjudication Procedure Manual, M21-1, part VI, para. 7.21 (hereinafter M21-1) (most recently revised on October 3, 1997). The VA must analyze the veteran's
the Board should determine whether the RO complied with M21-1, Part III, 1.03(a) (Change 50) (Feb. 23, 1996) and M21-1, Part VI, 2.10(f) (Change 48) (Aug. 5, 1996). The provisions of M21-1 Part VI, 2.10(
on its own or capable of substantiation. Such a claim need not be conclusive, but only possible, to satisfy the initial burden of 38 U.S.C.A. ง 5107(a); Murphy v. Derwinski, 1 Vet. App. 78 (1990). To
Murphy v. Derwinski, 1 Vet. App. 78, 81 (1990). A well-grounded claim is a plausible claim that is meritorious on its own or capable of substantiation. See Murphy, 1 Vet. App. at 81. An allegation that
Board should determine whether the RO complied with M21-1, Part III, 1.03(a) (Change 50) (Feb. 23, 1996) and M21-1, Part VI, 2.10(f) (Change 48) (Aug. 5, 1996). The provisions of M21-1 Part VI, 2.10(f)
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